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EMIGRANT MORTGAGE COMPANY, INC. v. KELLY

2016-05246, 2016-05247, Index No. 11993/09.

173 A.D.3d 688 (2019)

103 N.Y.S.3d 462

2019 NY Slip Op 04359

Emigrant Mortgage Company, Inc., Respondent, v. Melissa Kelly et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 5, 2019.

Ordered that the order entered February 10, 2016, is reversed insofar as appealed from, on the law, the order entered February 16, 2016, is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith; and it is further,

Ordered that the appeal from the order entered February 16, 2016, is dismissed as academic in light of our determination on the appeal from the order entered February 10, 2016; and it is further...

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